Asked and Answered~Divorce~

I
filed for a divorce in Broward County. I had my spouse served who
lives in Pinellas. Where does she need to file her part of the
paperwork Pinellas or Broward? I currently live in California.

Answer:

The
State of Florida has jurisdiction over a Florida divorce. Since your
soon to be ex-wife resides in Florida, your filing in Broward County,
when she lives in Pinellas may not be the most convenient venue
(place) for her. If she needs to appear in court, she may want to
file a Motion to Transfer Venue to Pinellas County (Sixth Circuit);
or if she agrees with everything in your petition, she may want to
file by mail to Broward County clerk of court. Her answer can include
a waiver of appearance, and she will receive the final order in the
mail.

Jurisdiction:

One
of the most fundamental questions of law is whether a given court has
jurisdiction to preside over a given case. A jurisdictional question
may be broken down into three components:

whether
there is jurisdiction over the person (in personam),

whether
there is jurisdiction over the subject matter, or res (in rem),
and

whether
there is jurisdiction to render the particular judgment sought.

DIVORCE
BUT LIVE IN SEPARATE COUNTIES

(WEST
PALM BEACH, FL, US)

I
LIVE IN PALM BEACH AND HE LIVES IN BROWARD. I FILED FOR A SIMPLE
DIVORCE BUT THE PAPERS HAVE TO BE SERVED TO HIM FROM BROWARD COUNTY.
I CALLED BROWARD COUNTY AND THEY SAID THEY WEREN'T SURE WHAT I NEEDED
TO DO. CAN I CERTIFY MAIL THEM ??

The
Clerks Must Know What to Doby:
FALDP Staff

Answer:

First
of all, no you are not supposed to serve someone in Florida by
certified mail. Legal documents must be served by a sheriff or
private process server. Your situation is not the least bit unusual,
that you live in one county and your soon to be ex lives in
another.

I can't fathom how a clerk of court can
possibly tell a consumer that they do not know what to do in this
situation. Here is your answer - you filed in Palm Beach County, you
need to have him served in Broward County - so either a private
process server or a Broward County sheriff needs to serve him with
the papers. Since your soon to be ex lives in a different county it
is your responsibility to forward the papers to the sheriff or
process server. It's easy, people do it all the time. So sorry, you
got the run around.

Private process servers are sometimes a
little quicker and a little easier to deal with. You can find a
private here - www.napps.org. Or contact the Civil Process Division
of the Broward County Sheriff's Department.

Thanks

by:
Anonymous

Thank
you so much, I'm so glad i could finally receive a straight answer !!
Now I can proceed forward with my divorce. Thanks again.

DIVORCE
BUT LIVE IN SEPARATE COUNTIES

by:
Anonymous

Broward
County clerk just told my son the same thing. Even though my son and
grandchildren have lived with me in Volusia county for 3 years the
Volusia judge had to refuse the case since his wife, who has been in
jail in Broward for the last 2 years, objected and demands venue in
Broward.

Divorce
Document List

(Deland)

I'm
trying to fill out the forms for myself for a divorce. We have no
kids or property to split up but would just like to split up and come
to an end of this marriage. Can you provide me with a document list
for what I need to file for a divorce? Thank you

If
both the husband and wife are unable or unwilling to appear at the
Final Hearing for Dissolution of Marriage, then the Simplified
Dissolution process would not be appropriate. The couple could choose
Form 12.901(b)(3) instead. Instructions for that form state:

"This
form may be used when a husband or wife is filing for a dissolution
of marriage, and the husband and wife have no marital assets and/or
marital liabilities and they do not have any dependent children nor
is the wife is now pregnant. You and/or your spouse must have lived
in Florida for at least 6 months before filing for a dissolution in
Florida. If you and your spouse agree on all issues and both can
attend the hearing, you may want to file a petition for simplified
dissolution of marriage, Florida Family Law Rules of Procedure Form
12.901(a). However, you may file this form if all of the following
are true:

You have no marital assets or marital
debts.Neither you nor your spouse is seeking support (alimony).Serving
Divorce Forms

Question - Don't know where my spouse lives(Samsula)

I'm
in the middle of trying to get my forms filled out to file for a
divorce. However I do not know the location of my spouse anymore as
we have not been in the same place in over a year. How can I serve
the divorce forms with no address for her? Please help!

Diligent
Search and Inquiryby:
FALDP Staff

Answer,There
is a process to go through called "diligent search and inquiry".
In that process you search for your spouse a variety of ways. There
are about 20 different places or searches that the court wants you to
try. These searches range from an internet search, a search of the
prisons, and contacting your ex's relatives. If you can't find her,
you will publish your intent to divorce, this is called constructive
service. The forms for the diligent search and the affidavit of
diligent search are on the Florida Supreme Court's website,
www.flcourts.org.

Divorcing
someone incarcerated

(Hollywood)

I'm
married to a man who is in prison for the next 10 years of his life.
We're over with -- I can't be with someone in prison. I want to get a
divorce but I don't know how to get started with him in that
situation. Can you assist me?

Answer:
He will need to be served in prison

We
suggest to contact the correctional facility ahead of time and find
out exactly how they will accept service. The Service of Process to
an inmate is nearly the same as having anyone else served, but each
prison has their own rules. Likewise, each prison makes some kind of
mechanism for an inmate to be able to have documents notarized.

Divorce from missing person

(Tallahassee)

I
want a divorce now! My future ex wife is just gone. I do not have a
clue where she is and its been like that for over a month. It is over
between us. I need a divorce but how can I get that started in my
situation?

Answer:

You
will need to complete a process called "Diligent Search and
Inquiry". If you are unable to find your spouse, only then are
you allowed to publish your intent to dissolve the marriage. The
search document lists about 20 places to look for your spouse -
prisons, last know address, relatives, etc. Most counties do not
require you to complete every single search item listed, but you must
convince the clerks of court and the judge that you, in fact,
diligently searched for your spouse.

My
wife is pregnant and I want a divorce

by
Not Mine

I
guess that sounds bad at first, but she's not pregnant with my child.
See, that's why I want a divorce. The forms I have say, already
printed on them that she isn't pregnant, but she is. I don't know
what to do. I can't afford a lawyer.

Answer:Dear
Not Mine,

This is a problem with Florida's one size fits all
pro se forms. I spoke with a man in a similar situation and he told
me that the court clerk told him he had to use the form for
dissolution of marriage with children even though the baby is not
his. I personally disagree, and wouldn't advise anyone to do that,
because he may have to spend years untangling the mess of legal vs
biological paternity. I believe this man ultimately filed the regular
petition for dissolution with no children, and stated on the form
that although the wife is pregnant the baby is not of their marriage.
The wife agreed. So it didn't become an issue in the divorce. I
suppose that if the wife had never answered or if he wasn't sure she
would answer he could have stated on the petition that he would be
available and willing to do a DNA test after the baby is born.

You
may need to consult with an attorney to make sure you are going about
this correctly. I do not mean to give legal advice, these are just my
suggestions. I am not an attorney.

Indigent
Divorce

(Pembroke
Pines, FL)

How do I file for indigent divorce?

Application
for Determination of Civil Indigent Statusby:
Staff Answer:You
can find the form you're looking for on this site on the page titled
- Civil Indigent. On that page you will also find information about
the eligibility guidelines. In general, if you are unemployed, low
income, disabled, tax supported, collecting unemployment, or
collecting social security you likely qualify. The determination is
made by the clerk of court and does not need to go to a hearing in
front of a judge.

Divorce
forms

(Broward
County, Florida)

I'm
living in Broward county Florida right now and I need to get a
divorce involving three children. My wife and I can't come to
agreements on anything so we are just going to end the marriage.
Where can I find the forms I need to file in the family courts for my
county? Can you tell me where I can download them for free?

Answer:I
found the forms for free on the Florida Supreme Court's site,
www.flcourts.org, you have to dig through there to find the ones you
need. The easiest thing to do is find your petition -- you know which
one that is I guess. Sounds like the form for divorce with children.
Then after you find that one, read the instructions and it should
tell you the other forms you need.

I'm not in Broward County,
so I don't know if there are extra forms that you need or not. Or you
can always call the court clerk and buy the packet. They also have
packets for sale on this site, they're not expensive, like $5 I
think.

Divorce
was final without my lawyer letting me see judgment

(Tampa
FL)

What
can i do about it? child support, name change,imcome tax etc...

Divorce
is Finalby:
FALDP Staff

Answer:Divorce
orders are public record. If you know your case number you can go the
courthouse and ask the clerk of court to let you review the court
file. You can ask the clerk to copy any of the documents from your
file that you want to keep. If you do not have your case number, the
clerk of court can search for your file by your name; or by your
former wife's name. You can also search online through the clerk of
court's website for your county or circuit. However, you can likely
only find minimal information there/

List
of documents needed for divorce

Where
can I download family law legal forms for Florida? Where can I
find a list of legal documents needed for a divorce with children in
Florida?

List
of Divorce Documentsby:
Staff FALDP

First,
the Supreme Court approved family law forms can be downloaded for
free from the Florida Supreme Court's site, www.flcourts.org.
Unfortunately they are not organized in a way that makes it easy for
pro se litigants to find out which forms they need. We have some of
the forms on our site as well. Some of the pdf forms that are not
interactive (fillable) on the Supreme Court's site, we have made
interactive and we sell them here - interactive forms - on the
navigation bar. In our forms section we also sell some of the forms
packets. These are the forms that we believe that are most commonly
needed for common procedures. Read the instructions carefully to find
out which forms you need. The instructions will tell you which forms
must also be filed with that form. Every situation is slightly
different, so its hard to know which divorce forms you'll need.

Can't
afford the filing fee!

(Escambia
County)

What
is the name of the form for the application to help with the filing
fee in Escambia County, FL? Does it reduce the cost or waive it?

I
want a divorce, but I can't afford $400!. I was trying to wait him
out, and maybe he'd pay for it. But, its been six months and that's
not going to happen.

Answer:The
form you're looking for is called - Application for Determination of
Civil Indigent Status. It is a one page form that requests
information about your income and debt; household size; and source of
income. It is tied to the Federal Poverty Guidelines. The clerks of
court can provide you with that form, or you can download if for free
from this site - go to the page titled "Civil Indigent".

I
want a divorce, but I don't know where my ex is.

I've
been separated from my husband for almost one year and I haven't
heard from him since he moved out. I think he is living in Louisiana,
I'd like to know if there is a type of petition for people who cannot
afford the fees for the divorce procedures, here in FL? And also,
since I don't know exactly where he is, how does that work? Thank you
in advance.

Answer:You've
really asked two questions, and we'll try to give you the information
you need for both. As far as having your filing fees waived, there is
a form called - Application for Determination of Civil Indigent
Status. That form is a free download on this site; the clerks of
court have it for free; and you can download it for free from
www.flcourts.org. It is a one page form that asks for information
about your income and expenses. The clerk of court makes the
determination as to whether you qualify; and so whether your filing
fees can be waived. In general, people who are low income, on
unemployment, or tax supported usually qualify.

Your second
question is about how to serve your soon to be ex when you don't know
his whereabouts. It is called "constructive" service; or
service by publication. You advertise your intent to divorce. Before
using constructive service, you must search for him, and then satisfy
the court that you truly did search. You do this by going through a
process called: Diligent Search and Inquiry and then filing that
Affidavit with the clerk of court.

We do not attempt to
offer legal advice, only general legal information. If you need
additional information, please continue your research, or seek the
advice of an attorney.

Serving
divorce papers

I
only have a cell phone number and a PO Box for my (hopefully soon to
be ex). He will not give me a real address to serve him divorce
papers, I have asked. He told me to serve myself and mail them to
him at the PO BOX.

Is there some other way I can serve him
the papers so I can get out of this marriage? We have been living
apart for almost two years now, there are no children, and I want
nothing from him but the car I drive, and I can not seem to get a
divorce!

I have no idea why he is being so uncooperative. Is
there any way I can just go ahead and divorce him?

Please
help!!!

Answer:

Constructive
Serviceby:
Anonymous

If
you know his work address, you can serve him at work. If you don't
even have a work address for him the only thing that you can do is to
search for him. The process is called a ?Diligent Search and
Inquiry?, and there is a form, called an Affidavit of Diligent Search
and Inquiry. On the form there are approximately 20 places where you
should look for him. Places to search include: hospitals, prisons,
checking with relatives, utility companies, the military, etc. If you
find a current address for him while you are searching, then you
simply abandon your search and serve him at that address. If you go
through all or most of the list, and you still cannot find him then
you go to the clerk of court with documentation in hand, showing that
you have been diligently searching for him. You will also need a form
called a Notice of Action. At this point, the clerk of court can help
you. What happens next is this: After you have searched,
unsuccessfully, you can then serve him through constructive service.
Constructive service is the publication or advertisement of a legal
intent. In your case the legal intent to divorce your husband.

Choosing
which divorce form/ process?

Should
I file for Simplified divorce or General divorce when the only
children are involved are mine from a previous marriage, and we have
none together? We both have lived in Florida for years, we agree on
everything.

Which
form may be up to you.by:
Anonymous

You
could actually take your pick, as far as which process to choose.
Since your children are not ?of the marriage? and are not common to
both parties, then they most likely do not come into the picture for
child support.

There are always some considerations about
whether to choose the general divorce or simplified divorce. One
consideration is that in the simplified process both parties must
appear at the final hearing. This may not be a huge problem, since
you are in complete agreement. But, if one of you would prefer not to
appear; doesn't want to take the time off work; has moved out of
state; etc., then you should probably consider using the general
divorce process rather than the simplified process. In the general
divorce process, only the petitioner must appear at the final
hearing.

When
is a Florida divorce judgment final?

(Destin)

I'm
trying to find out if the final hearing date is when the judge signs
the divorce decree. I want to remarry real soon after the divorce --
I've been separated for three years and going through the divorce
process for one. My final hearing date is November 8, and I'm
planning to get married on December 1. When applying for the marriage
license is the final hearing date the date I put? Does the judge
always sign it right then? And does Florida have any waiting period?
Please help!

Answer:

A
Florida divorce is actually completely final 30 days after the judge
signs the Final Order of Dissolution. Under certain circumstances a
dissolution can be appealed within that 30 day time period. The date
of your divorce will be the day the judge signs the order, which
might be the day of your final hearing, but it also might not be. The
judge might not sign the order that day, he may sign it a few days
later. Technically, if an appeal is filed, a remarriage within 30
days of a divorce is not valid. In Simplified Dissolution of
Marriage, no appeal is allowed.

According to
www.diydivorce.typepad.com/ -

"You filed for divorce,
your spouse answered, you went to a final hearing. So when is your
divorce 'final?' ...

Even without an appeal, your Final
Judgment is not "final" until after that 30 day period has
finished. That's why divorce lawyers advise clients not to get
remarried during this time. After the 30 days and the time to file
the appeal is over, your Final Judgment is really final."

We
are not attorneys and do not provide legal advice. This answer is
meant to provide general information only. Please do further research
or check with an attorney before relying on this information.

Divorce

(Crestview)

I
want a divorce and cannot afford it.

Answer: Seeking
a Divorce - but can't afford itby:
FALDP Staff

If you are low
income, unemployed, collecting disability or public assistance, you
may qualify to have your filing fees waived. The form to apply is
called, Application for Determination of Civil Indigent Status. The
clerks of court have the form, and will give it to you if you ask
them. You can also download it from this site on the page titled -
"Civil Indigent".

We think that
the $408.00 filing fee for a divorce is really
expensive. And since the government is the only entity that can grant
a divorce they are bound to make it possible for low income citizens
to divorce. It is your right.

As far as the document
preparation, you can do it yourself. All the forms are free downloads
on the Florida Supreme Court's site - www.flcourts.org. Or you can
have on of our member document preparers assist you. Prices for
document preparation for a divorce range from around $100. up to
around $500. depending on your specific situation.

Is
my live-in girlfriend entitled to alimony?

(Tampa)

We've
been together for seven years and have a four year old daughter
together. We're now in the process of splitting up (her idea, not
mine). I know I will be paying child support, and that's fine, but
will I have to pay alimony also? She works, but I make more money
than she does.

Answer:Palimony

The
first time this ever came up as a legal question was the case of the
actor, Lee Marvin,- Marvin v. Marvin, 18 Cal.3d 660 (1976) - who
after splitting up with his long time live in girlfriend, she sued
for "palimony". Among other claims, the girlfriend asserted
that she gave up her own career in order to take care of Marvin and
become his homemaker. His portion of the agreement was that she was
entitled to one half of his income and property that was acquired
during the relationship. The girlfriend lost.

This was
in California, Florida has no palimony laws, does not recognize
common law marriage, and is an "equitable distribution"
state -- not a "community property state".

Please
consult with an attorney to make sure. We are not attorneys and the
answer posted here is for your information, and to be used as a
starting point for further research.

Divorce

(Crestview)

I
want a divorce and cannot afford it.

Answer: Seeking
a Divorce - but can't afford itby:
FALDP Staff

If you are low income,
unemployed, collecting disability or public assistance, you may
qualify to have your filing fees waived. The form to apply is called,
Application for Determination of Civil Indigent Status. The clerks of
court have the form, and will give it to you if you ask them. You can
also download it from this site on the page titled - "Civil
Indigent".

We think that the $408.00 filing
fee for a divorce is really expensive. And since the government is
the only entity that can grant a divorce they are bound to make it
possible for low income citizens to divorce. It is your right.

As
far as the document preparation, you can do it yourself. All the
forms are free downloads on the Florida Supreme Court's site -
www.flcourts.org. Or you can have on of our member document preparers
assist you. Prices for document preparation for a divorce range from
around $100. up to around $500. depending on your specific
situation.

Divorces

Its
crazy what people have to pay to get divorced and the paper work its
just too much it should be made as simple to divorce as it is to get
married should cost same thing.

Answer:
Divorces too complicated and expensive

Agreed.
You're preaching to the choir. And for some reason its almost a state
secret that if you qualify as civil indigent you can have your filing
fees waived. The clerks have the forms, but you have to know what to
ask for. - Application for Determination of Civil Indigent Status.